IN THE CASE OF: BOARD DATE: 14 February 2012 DOCKET NUMBER: AR20110015989 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart. 2. The applicant states, in effect, he received the Purple Heart for injuries he sustained in the Republic of Vietnam (RVN). He separated from the service in the RVN and his record was rushed because of the cease of the war on 20 March 1972. He currently receives compensation from the Department of Veterans Affairs for a service connected disability [lower groin area, prostate] rated at 20 percent. 3. The applicant provides a self authored statement and his DD Form 214. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. His separation document shows he enlisted in the Regular Army for on 28 February 1969 [sic] and he held military occupational specialty 11B (Light Weapons Infantryman). 3. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound and item 41 (Awards and Decorations) of this form does not show award of the Purple Heart. 4. He was honorably released from active duty on 21 March 1972 and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows he: * served in the Republic of Vietnam from 9 February 1971 to 18 March 1972 * was assigned to Company C, 1st Battalion, 7th Cavalry * completed 1 year, 11 months, and 28 days of total active service * had 386 days of lost time * was released on temporary records and Soldier affidavit 5. His name is not shown on the Vietnam casualty roster. 6. His complete medical records were not available for review. A chronological record of medical care found in the record shows he was diagnosed and received treatment for epididymitis (swollen testicle) between 9 May and 10 June 1969. 7. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart for him. 8. Army Regulation 600-8-22 (Military Awards) provides the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record: DISCUSSION AND CONCLUSIONS: 1. The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. 2. There is nothing in his service records that shows he was injured as a result of enemy action or friendly fire in the heat of battle. Additionally, his name is not shown on the Vietnam casualty roster. His DA Form 20 does not show any combat wounds and his available medical records do not document a combat wound or injury. Further, his medical condition does not appear to have been the direct result of enemy action that would qualify for the award of the Purple Heart. 3. In the absence of official documentary evidence such as operation orders, morning reports, after action reports, official orders to corroborate the events that led to his alleged injury, or additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to award him the Purple Heart in this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x___ ____x___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20110015989 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110015989 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1